Kansas Bulk Transmission Land Access(3-KS)
In Kansas, a transmission developer may need a State Land Right-of-Way from the state agency with jurisdiction to access state lands. Any Kansas state agency head has authority to grant a right-of-way over, upon or under state land. A developer may also need a Use of Highway Right-of-Way or a Utility Permit Agreement from the Kansas Department of Transportation if the project will involve the installation, relocation, removal, or maintenance along, over or under any state highway right-of-way.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|Right of Way Agency:||State agency with jurisdiction over land.|
|State Land Right of Way Process:||A developer must obtain approval for a state land right-of-way from the applicable state agency. Any state agency has authority to grant a right-of-way easement across, over, upon, or under any such state land to any person, firm, or corporation owning or operating any public utility. 75 K.S.A. § 2131. Each state agency has discretion to grant an easement for the purpose of constructing, maintaining, or removing any powerline or other public utility installation or any equipment necessary to the operation, but must first obtain approval from the Attorney General’s office. 75 K.S.A. § 2131.|
|State Highway Right of Way Agency:||Kansas Department of Transportation|
|State Highway Right of Way Process:||A developer may need to obtain a Use of Highway Right-of-Way or a State Utility Permit if the project will involve the installation, relocation, removal, or maintenance along, over, or under any state highway right-of-way. K.S.A.§§ 68-404, 415, Kansas Department of Transportation - Utility Accommodation Policy.|
|Eminent Domain:||The Kansas Corporation Commission may grant any corporation that has obtained a Certificate of Convenience with the right to take private property by eminent domain. K.S.A. §§ 26-101, 26-501b(b).|
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